People v Grueiro, Raul
Motion No: 2007-00842
Slip Opinion No: 2009 NY Slip Op 83069(U)
Decided on September 15, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M91879

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2007-00842

The People, etc., respondent,

v Raul Grueiro, appellant.

(Ind. No. 3669/01)

DECISION & ORDER ON APPLICATION

Application by the respondent to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Kings County, rendered November 21, 2006, to include the minutes of the proceedings which occurred in the above-entitled action on January 10, 2006, January 31, 2006, March 7, 2006, April 11, 2006, and May 16, 2006.

Upon the papers filed in support of the application and no papers having filed in opposition or relation thereto, it is

ORDERED that the application is granted; and it is further,

ORDERED that the decision and order on motion of this court dated April 25, 2007, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the above-referenced proceedings, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the above-referenced proceedings for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon receipt of the above-referenced minutes the appellant's assigned counsel shall advise the court in writing whether she wishes to file a supplemental or replacement brief; and it is further

ORDERED that the respondent's time to serve and file a brief is enlarged until 30 days after assigned counsel files a supplemental or replacement brief or advises the court that she does not wish to file a supplemental or replacement brief.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court